Opinion
Argued October 4, 1907
Decided October 22, 1907
Edwin A. Nash and William Carter for appellant.
James G. Greene for respondent.
Order reversed and judgment ordered for defendant on the demurrer, with costs in all courts, on dissenting opinion of McLENNAN, P.J., below. Question certified answered in the negative.
Concur: CULLEN, Ch. J., O'BRIEN, EDWARD T. BARTLETT, HAIGHT, VANN and CHASE, JJ. Absent: HISCOCK, J.